Vietinbank's Liability for Compensation in the Case of Huỳnh Thị Huyền Như’s Fraudulent Appropriation of 4,000 billion VND

June 21, 2024

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The most crucial factor in a criminal case is the individual's intent when the unlawful act was committed. This intent determines the guilt, the specific charge (if found guilty), and the responsibility for compensation and rectification of the consequences. For instance, in the serious case of Huỳnh Thị Huyền Như that took place more than a decade ago, the key issue was the responsibility for compensating the massive loss of 4,000 billion VND. The essential question was: who would be held responsible—Huyền Như or Vietinbank? Only the participants involved in the proceedings could accurately answer this, as it depended on the case file, which included classified documents. Media reports can only provide a general overview and are not intended for objective debate as in a courtroom.

The merit of criminal law science lies in the theory of determining the offense. If the crime is considered "fraudulent appropriation of property," Huyền Như would be responsible for compensation. However, if it was considered to be "embezzlement," then Vietinbank would be responsible for compensation. The following article by Attorney Lê Hoàng Chương offers readers additional insights into the practical application of criminal law in Vietnam.